Section 18 CVC Act - Power to Call for Information and Section 19 Consultation
Sections 18 and 19 of the Central Vigilance Commission Act, 2003 deal with two important institutional powers and duties concerning vigilance administration. Section 18 authorises the Central Vigilance Commission to obtain specified information for its supervisory role, while Section 19 requires the Central Government to consult the Commission when making rules or regulations governing specified vigilance or disciplinary matters.
Section 18 - Power to Call for Information
The Commission may call for reports, returns and statements from the Central Government or corporations established by or under any Central Act, Government companies, societies and other local authorities owned or controlled by that Government so as to enable it to exercise general supervision over the vigilance and anti-corruption work in that Government and in the said corporations, Government companies, societies and local authorities.
Meaning and scope of Section 18
Section 18 is an information-gathering provision. It enables the Central Vigilance Commission to require reports, returns and statements from the Central Government and from specified public sector or Government-controlled bodies. The purpose stated in the section is to enable the Commission to exercise general supervision over vigilance and anti-corruption work.
The bodies expressly covered include corporations established by or under a Central Act, Government companies, societies and other local authorities owned or controlled by the Central Government. The provision should therefore be read in the context of the Commission's statutory vigilance and anti-corruption functions under the Act.
What information may be called for?
The statutory language identifies three broad forms of information: reports, returns and statements. Section 18 links the calling of such information to the Commission's general supervisory function. It is therefore not merely a general information provision; its stated purpose is connected to vigilance and anti-corruption supervision.
Section 19 - Consultation with Commission in Certain Matters
The Central Government shall, in making any rules or regulations governing the vigilance or disciplinary matters relating to persons appointed to public services and posts in connection with the affairs of the Union or to members of the All-India Services, consult the Commission.
Meaning and scope of Section 19
Section 19 requires consultation with the Central Vigilance Commission when the Central Government makes rules or regulations governing vigilance or disciplinary matters for the categories of persons specified in the provision. These categories are persons appointed to public services and posts in connection with the affairs of the Union and members of the All-India Services.
The use of the word "shall" makes consultation a statutory requirement within the field described by Section 19. The provision concerns the rule-making or regulation-making stage and helps ensure that the Commission's institutional vigilance perspective is considered when the Central Government frames such norms.
Difference Between Sections 18 and 19
Section 18 concerns the Commission's ability to obtain reports, returns and statements for general supervision of vigilance and anti-corruption work. Section 19, by contrast, concerns consultation by the Central Government with the Commission when making specified vigilance or disciplinary rules or regulations. The first provision facilitates supervision through information; the second embeds consultation into the relevant rule-making process.
Central Vigilance Commission Act, 2003
The Central Vigilance Commission Act, 2003 is Act No. 45 of 2003 and was enacted on 11 September 2003. It provides the statutory framework for the Central Vigilance Commission and contains provisions concerning its constitution, functions, powers, proceedings and related vigilance administration.
Legal reference: For authoritative statutory text and any subsequent legislative changes, readers should verify the current text published by the Government of India.
Related Provisions
For the wider statutory context, see the Central Vigilance Commission Act, 2003 overview, Section 17 - Report of inquiry made on reference by Commission, and Sections 20 and 21 - Power to make rules and regulations.